On The Nature Of Housing Rights In Our Country's Constitution And The Protection Of Public Law

As a constitutional right,the connotation of housing right is changing with the progress and development of the society.In the world,the human right of housing has been widely recognized,and most countries have written the protection of citizens' housing into the constitution.However,it must be recognized that the right of inviolability of the residence should have an independent value in nature,since the residence itself is only a carrier of the residence right,which cannot be simply summarized as the personal right or property right.As a basic human right,the object of protection against or confrontation against the violation of housing naturally includes the state,the society and others.Housing is a special space for citizens and a powerful provider of personal security.Outside the house is the area where public power operates,while inside the house is a purely private space.The demarcation and observance of these boundaries constitute a minimum guarantee of individual freedom and dignity.There has been controversy about the nature of housing right in academia and practice.,therefore,to strengthen the right of residence and the study of relationship between public power and clear the connotation of the right to housing and property,better able to find the root of the lack of protection of right of residence,public law and further toward in the legislative power,is realized in law enforcement to fully guarantee the citizens' right of residence,in the judicial damage the housing rights of citizens to provide the most practical benefits.The core problem of this paper is to explore the constitution on the nature of the right of residence,and focusing on the public power of residence rights infringement,research from the perspective of public law in the different legal residence rights related rules are considered the constitution to protect the right of residence,whether due to the nature of right of residence defects caused by the unclear orientation of the legislation,in order to seek the path of legislation to protect of right of residence.The first chapter is divided into three parts.The first part summarizes the connotation of housing right,discusses the meaning of "housing" and the meaning of "inviolability" respectively,and then introduces the evolution process of the constitutional guarantee of housing right in China.The second part is the analysis of the property of housing right.This paper first discusses the different theories about the nature of residential right,and on this basis defines the nature of residential right.The third part puts forward the protection of the housing right related to the public law in our constitution.This paper first introduces the legislation of housing right in the constitution,and then expounds the legislative status of housing right system in China from three aspects: criminal law,criminal procedure law and administrative law.The second chapter is about the legislation of criminal law and the protection of housing right in constitution.In the first section,the author discusses the identification standard of "household" in criminal law,and makes a comparison between "residence" in constitution and "household" in criminal law,and analyzes the similarities and differences between them.In the second section,the author analyzes the misplacement of the protection of the legal interest of residential right in the crime of trespassing on residential property,and further discusses the irrationality of committing other crimes by trespassing on other people's residential property.The third section points out that the interpretation of the "household" should be constitutional as a standard,reflect the value of inviolability of the residence recognized by the constitution,and then puts forward the way to deal with the illegal invasion of other people's residence and other crimes.The third chapter is about the legislation of criminal search and the protection of housing right in the constitution.The first section discusses the relationship between criminal search and residence right.This paper discusses the characteristics and necessity of criminal search and analyzes the conflict between criminal search and housing right.The second section discusses the neglect of the constitutional right of housing in the criminal search legislation.Starting from the three aspects of the search standard of the place,the right of the house at night and the right of the house without a warrant in the criminal search legislation,this paper analyzes the neglect of the independent value of the right of the house in the criminal procedure legislation and the insufficient guarantee of the right of the house.The third section starts with the independent value of the housing right in the constitution and proposes the solution to the above problems.The fourth chapter is about the protection of administrative law and the right of housing in the constitution.The first section introduces the administrative coercive behavior of housing,including the administrative coercive measures and administrative enforcement of housing.The second section discusses the neglect of the housing right in the constitution in the administrative legislation.Starting from the two aspects of replacing criminal search with administrative inspection and the housing right in the compulsory demolition of urban houses,this paper analyzes the neglect of the independent value of housing right in the administrative legislation and the weak guarantee of housing right.The third section proposes that the constitution should be used as a standard method of value measurement to regulate the public power's intervention in citizens' housing,and proposes solutions to the aforementioned problems.